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Master Data Protection Agreement
"I need a Master Data Protection Agreement for my tech startup based in Bangalore, which will be processing customer data through multiple cloud service providers, with potential data transfers to Singapore and the UAE, to be implemented by March 2025."
1. Parties: Identification of the data fiduciary (controller) and data processor, including registered addresses and company details
2. Background: Context of the agreement, relationship between parties, and general purpose of data processing activities
3. Definitions: Definitions of key terms aligned with DPDP Act 2023 and other relevant Indian legislation
4. Scope and Purpose: Detailed description of data processing activities, types of data involved, and processing purposes
5. Obligations of the Data Processor: Core obligations including security measures, confidentiality, and processing limitations
6. Obligations of the Data Fiduciary: Responsibilities of the data controller including lawful basis for processing and instructions
7. Data Security Requirements: Mandatory security measures, encryption standards, and access controls
8. Breach Notification and Management: Procedures for identifying, reporting, and managing data breaches as per Indian law
9. Audit Rights and Compliance: Rights of data fiduciary to audit processor and compliance documentation requirements
10. Liability and Indemnification: Allocation of liability and indemnification obligations between parties
11. Term and Termination: Duration of agreement, termination grounds, and data handling post-termination
12. Governing Law and Jurisdiction: Indian law as governing law and jurisdiction for disputes
1. Cross-Border Data Transfers: Required when personal data will be transferred outside India, including compliance with data localization requirements
2. Sub-Processing: Include when the processor may engage sub-processors, including approval requirements
3. Sector-Specific Compliance: Required for regulated sectors like healthcare or financial services
4. Data Protection Impact Assessment: Include for high-risk processing activities
5. Special Categories of Data: Required when processing sensitive personal data as defined in Indian law
6. Data Localization Requirements: Specific section for sectors requiring strict data localization like payment data
7. Business Continuity and Disaster Recovery: Required for critical processing activities or large-scale data processing
1. Schedule 1 - Processing Activities: Detailed description of all processing activities, categories of data, and purposes
2. Schedule 2 - Security Measures: Technical and organizational security measures implemented by the processor
3. Schedule 3 - Authorized Sub-Processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Data Transfer Mechanisms: Details of cross-border transfer mechanisms and safeguards
5. Schedule 5 - Service Levels: Performance metrics and service levels for data processing activities
6. Appendix A - Contact Details: Key contacts for both parties including DPO and breach notification
7. Appendix B - Audit Requirements: Detailed audit procedures and compliance documentation requirements
Authors
Applicable Law
Authorized Personnel
Authorized Sub-processor
Breach Notification
Business Day
Confidential Information
Consent
Controller
Cross-border Transfer
Data Fiduciary
Data Principal
Data Processing
Data Processor
Data Protection Impact Assessment
Data Protection Laws
Data Protection Officer
Digital Personal Data
Effective Date
Force Majeure
Government Authority
Information Security Incident
Initial Term
Intellectual Property Rights
Material Breach
Notice
Personal Data
Personal Data Breach
Processing Instructions
Processing Records
Regulatory Authority
Security Measures
Sensitive Personal Data
Services
Standard Contractual Clauses
Sub-processor
Technical and Organizational Measures
Term
Third Party
Transfer Mechanisms
Interpretation
Scope
Data Processing
Data Security
Confidentiality
Compliance
Sub-processing
Cross-border Transfers
Audit Rights
Breach Notification
Liability
Indemnification
Insurance
Term and Termination
Data Return and Deletion
Force Majeure
Assignment
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendments
Waiver
Survival
Data Localization
Regulatory Cooperation
Personnel Obligations
Service Levels
Warranties
Documentation
Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Education
Manufacturing
Professional Services
Retail
Insurance
Banking
Pharmaceuticals
Business Process Outsourcing
Cloud Services
Legal
Compliance
Information Security
Information Technology
Privacy
Risk Management
Procurement
Vendor Management
Data Governance
Operations
Chief Privacy Officer
Data Protection Officer
Chief Information Security Officer
Privacy Counsel
Legal Counsel
Compliance Manager
Information Security Manager
Privacy Manager
Risk Manager
IT Director
Procurement Manager
Vendor Management Officer
Chief Technology Officer
Chief Legal Officer
Data Protection Specialist
Privacy Analyst
Information Governance Manager
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